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Reasons
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(영문) 서울고등법원 2017.01.11 2016나2041164
대여금
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff loaned money on two occasions as follows, from February 11, 2015 to February 10, 2015, KRW 300,000 per month from February 11, 2015 until February 17, 2015, KRW 160,000 per month, as the amount of loan extended from the separate date of loan to April 15, 2013, as interest on the due date of repayment; KRW 280,00,000 per month from August 15, 2013 until November 5, 2014;

Doshe transferred to the Plaintiff one Roger Doubuis clock as security for the first loan of this case, and one Roger Doubuis Maquire as security for the second loan of this case. In relation to each loan contract of this case, the following provisions are provided for in Articles 2 and 3 of each loan contract of this case:

[Loan Contract]

2. (Period of genetics) The period of genetics shall be one month (30 days).

Provided, That it may be otherwise determined by an agreement between the parties.

3. (Acquisition and Disposal of Proprietarys) Any relic whose period has elapsed in accordance with the above two paragraphs, shall be acquired and disposed of by a creditor; and

B. The Defendant repaid the Plaintiff the interest of KRW 7,00,00,00 as part of the principal of the second loan on November 5, 2014, and interest of the second loan until December 15, 2014. ② On February 10, 2015, the Defendant repaid the interest of KRW 7,00,000,00 as part of the principal of the first loan and the first loan until February 10, 2015.

【Ground of recognition】 Evidence No. 1, Evidence No. 3-1, and 2-2, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of claim, the Defendant shall make the Plaintiff’s final decision on the amount of KRW 15,000,000,00 in total of the principal amount of the first loan and the principal amount of the second loan (=the principal amount of KRW 8,000,000 in the second loan amount of KRW 7,000) and the principal amount of the first loan from February 11, 2015 to the date of full payment, the interest calculated at the rate of KRW 160,000 in the first loan from February 11, 2015 to the date of full payment, and the principal amount of KRW 7,00,000 in the second loan amount.

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